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Question IV
IV. Dick Dixson had sons with different women - (i) Dexter with longtime partner Delia and (ii) Dongdong and Dingdong with his housemaid Divina. When Dick fell ill in 2014, he entrusted all his property titles and shares of stock in various companies to Delia who, in turn, handed them to Dexter for safekeeping. After the death of Dick, Dexter induced Dongdong and Dingdong to sign an agreement and waiver of their right to Dick's estate in consideration of PhP 45 million. As Dexter reneged on his promise to pay, Dongdong and Dingdong filed a complaint with the RTC of Manila for annulment of the agreement and waiver. The summons and complaint were received by Dalia, the housemaid of Dexter, on the day it was first served. Dexter filed a motion to dismiss on the ground of lack of jurisdiction over his person. RTC Manila granted the motion to dismiss.
Dongdong and Dingdong thereafter filed a new complaint against Dexter for annulment of the agreement and waiver. Before Dexter could file his answer, Dongdong and Dingdong filed a motion to withdraw their complaint praying that it be dismissed without prejudice. An Order was issued granting the motion to withdraw without prejudice on the basis that the summons had not yet been served on Dexter. Dexter filed a motion for reconsideration of the order of dismissal. He argued that the dismissal should have been with prejudice under the "two-dismissal rule" of Rule 17, Section 1 of the Rules of Court, in view of the previous dismissal of the first case.
Will the two-dismissal rule apply making the second dismissal with prejudice? (5%)
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